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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 78(R)

SENATE BILL 1047            

SENATE AUTHOR: R. Ellis

EFFECTIVE: 6-20-03         

HOUSE SPONSOR: Goodman

            Senate Bill 1047 amends the Government Code to protect the independence of a state or local elected or appointed officer when acting in a legislative capacity on a bill, resolution, order, or other proposal involving a statute, ordinance, rule, or policy of general application. Protection also applies to an action on a proposal relating to a zoning ordinance or on a proposed constitutional or charter amendment. The bill provides that the officer, with respect to an action on any legislative measure to which the protection extends, may not be subject to a disciplinary action, sanction, penalty, disability, or liability for a breach of duty, in connection with the practice of his or her profession or occupation, to disclose information or obtain a waiver or consent regarding the measure. Additionally, the officer may not be subject to such consequences for a lawful official action or advocacy for or against a measure, or for its effects. The bill amends the Local Government Code to make county judges and county commissioners subject to certain conflict-of-interest provisions if they have entered a court appearance or signed court pleadings in a matter relating to that entity, and it establishes when they may practice law in local courts. It also clarifies the authority of the governing body of a general-law municipality to appoint and prescribe the powers and duties of municipal officers and employees.